An NRI can file a divorce case in India if the marriage and circumstances satisfy the jurisdictional requirements under the applicable Indian personal law. The first step is to identify the appropriate family court based on factors such as where the marriage took place, where the spouses last lived together, or where the respondent currently resides, depending on the applicable law.
The NRI spouse should collect documents such as the marriage certificate, identity and address proof, evidence relating to the marriage, and relevant documents supporting the grounds for divorce. If the NRI cannot regularly travel to India, they may be able to appoint a Power of Attorney or seek appropriate permission from the court for representation or participation through permitted means.
For a mutual-consent divorce, both spouses generally need to agree on issues such as maintenance, child custody, and division of property before approaching the court. In a contested divorce, one spouse files a petition stating the legally recognised grounds for divorce, and the other spouse gets an opportunity to respond.
Because jurisdiction, personal law, service of court notices abroad, and appearance requirements can vary, an NRI should consult a family-law lawyer in India before filing to ensure the petition is presented before the appropriate court and follows the applicable procedure.
